NOT GUILTY Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #12

[purpleandgreen]

And so, soso, that short time frame makes it even more likely that she was placed on the outside of the balcony. If she had to climb over, scream for help, try to hang on and dangle a little, then it would take more than 12 seconds, surely IMO.

I think you are right. It was 26 or 27 seconds from when.
Eventually, he said he “bundled her up and carried her out the nearest door” – which happened to be onto the balcony – in order to “de-escalate” the situation.
The 6ft3 Tostee said he couldn’t recall how he restrained 5ft4 Warriena.
https://www.thesun.co.uk/news/21827...ed-threatening-throw-tinder-date-off-balcony/

But only 12 seconds from when he locked the door and saw her for a fleeting moment on the other side of the rail.

Then what another 10 seconds before he needed to speak to someone impartial?

Just unbelievable...imo

 

[Bohemian]

I think you are right. It was 26 or 27 seconds from when.
Eventually, he said he “bundled her up and carried her out the nearest door” – which happened to be onto the balcony – in order to “de-escalate” the situation.
The 6ft3 Tostee said he couldn’t recall how he restrained 5ft4 Warriena.
https://www.thesun.co.uk/news/21827...ed-threatening-throw-tinder-date-off-balcony/

But only 12 seconds from when he locked the door and saw her for a fleeting moment on the other side of the rail.

Then what another 10 seconds before he needed to speak to someone impartial?

Just unbelievable...imo

So I take it that the 60 Minutes' interview is not seen as the much-lauded 'success' it was meant to be soso. I expect Gable cried all the way to the bank. There's always an opportunity for an 'interested faerie' to angle for their own six-figure sum and right perceived wrongs during an interview with a rival network. Just sayin'...

 

[Makara]

That's news to me that it's an offence to flee the scene of an accident. Link please.

this interestingly shows that even though 60 Mins invested a 6 figure sum in this interview, they couldn't even be bothered checking their "facts". It most definitely was not 26 secs, it was about 12 secs after the door was closed and he went inside that she fell and screamed.
Theres no point in evasion, you made a claim in the thread 11 Post 1188 that you could not substantiate, it is therefor hearsay. Also in regard to same, indictable charges are serious charges for which substantial jail terms can be imposed. If police have an opportunity to lay indictable charges, they always do, so clearly Tostee committed no other offences as far as they were concerned other than the alleged murder. I point this out because it seems after all this time it is still not clear to some..
See above comment.

<modsnip>You referred to my post #1188 in Thread #11, as quoted above. Karinna had nothing to do with that post whatsoever. You'll see that my post #1188 was in reply to John Dillinger's comparison of Tostee's mind set after Warriena fell to that of someone leaving the scene after causing a car accident. My post was off the back of that comment. It is an indictable offence to leave the scene of a car accident if you have caused the death of someone in that accident.

If you caused the accident and left but someone was seriously
hurt or died because of the accident, the police could charge
you with an indictable offence. This is very serious. You
could go to jail for up to ten years or get a big fine.

https://www.legalaid.vic.gov.au/sit...esource-dl-leaving-scene-vehicle-accident.pdf

So to reiterate, my post #1188 was not in reference to Tostee at all. It was in reply to a comment from John Dillinger about leaving the scene of a car accident.

 

[Makara]

And so, soso, that short time frame makes it even more likely that she was placed on the outside of the balcony. If she had to climb over, scream for help, try to hang on and dangle a little, then it would take more than 12 seconds, surely IMO.

Exactly! And it was so considerate of Fairydust to point out the 14 second discrepancy in the 60 Minutes report. It certainly makes Tostee look so much more guilty than he already does.

 

[Sheerlock Homes]

I do see your point Makara. However, I've seen kids get over a fence in less than a blink of an eye. I'm sure you have too.

 

[tiddles24]

Exactly! And it was so considerate of Fairydust to point out the 14 second discrepancy in the 60 Minutes report. It certainly makes Tostee look so much more guilty than he already does.

I totally agree, Makara.

I just watched 60 Minutes again & I will NEVER understand how he was found NOT GUILTY of at least MANSLAUGHTER.
It only took him 6 minutes after Rie fell to her death, to change his clothes, leave his unit & walk around Surfers Paradise for nearly 1 hour & then satisfy his hunger with some pizza.
It only took him 35 seconds after Rie's fall to make his first phone call to his lawyer to which he didn't receive any response.
He conveniently couldn't remember how he had her restrained "as it wasn't choreographed", in his own words....Sounded very much like being choked to me.
He did threaten to chuck Rie off the balcony because she had been a bad girl....That's why she was so frightened.
I have always felt that he placed her on the balcony railing facing outwards from the building when she fell to her death...All MOO.

Is there any possibility of this case ever being reopened ???

 

[emirates1957]

Only time I've seen my kids or others jump a fence in HASTE coincided with being chased.

 

[Sheerlock Homes]

Only time I've seen my kids or others jump a fence in HASTE coincided with being chased.

I agree with that, but it is not what Makara was saying, I think. I think she was doubting that anyone could climn over a balcony fence/wall/railing in less than 14 (or whatever it was) seconds. IMO, it is within pretty average physical capacity to that in much less than that time. Just a comment/opinion.

 

[Makara]

I do see your point Makara. However, I've seen kids get over a fence in less than a blink of an eye. I'm sure you have too.

Not relevant to this case at all.

I agree with that, but it is not what Makara was saying, I think. I think she was doubting that anyone could climn over a balcony fence/wall/railing in less than 14 (or whatever it was) seconds. IMO, it is within pretty average physical capacity to that in much less than that time. Just a comment/opinion.

<modsnip> It is my opinion that Tostee lifted Warriena over the rail and onto the ledge of his balcony facing outward within a matter of 12 seconds. In trying to manoeuvre herself to get a grip on the rail, she fell. I've listened to the full tape and am fully aware of the time frame of the critical points. Apparently Fairydust has just worked it out from watching the 60 Minutes report. The 12 seconds mentioned is nothing new to those of us who have listened to the tape.

 

[Sheerlock Homes]

Sorry Makara, I really am not twisting your words.

Quote Originally Posted by purpleandgreen And so, soso, that short time frame makes it even more likely that she was placed on the outside of the balcony. If she had to climb over, scream for help, try to hang on and dangle a little, then it would take more than 12 seconds, surely IMO.

To which you replied:

Exactly!

Okay?

 

[Makara]

Sorry Makara, I really am not twisting your words. To which you replied: Okay?

My reply of "Exactly!" was in agreeance with Purpleandgreen's suggestion that Tostee placed Warriena on the outer ledge of the balcony.

Okay?

So, let's say for example that Tostee simply "chucked" Warriena out onto his balcony, as he stated to his father. You would have to concede that she must have been in mortal fear of Tostee to climb over that balcony within a period of 12 seconds. I concede that she was in mortal fear of Tostee but I also believe that he placed her on the outer ledge of his balcony. She didn't climb over the rail at all.

Warriena was drunk and disorientated. In that state her physical movements would have been sluggish and a lot slower than a sober person in the same position than Warrieana found herself in. Warriena's mood had swung from fieriness to fear in a matter of 27 seconds as is evidenced by her 33 screams of "No." and "Let me go home." as she was lifted out onto the balcony. She had nowhere to go but down.

Is it physically possible to scale a balcony in 12 seconds? Yes it probably is but in Warriena's case she had a great deal of help from Tostee in doing so.

 

[Cleaver Greene]

<modsnip>You referred to my post #1188 in Thread #11, as quoted above. Karinna had nothing to do with that post whatsoever. You'll see that my post #1188 was in reply to John Dillinger's comparison of Tostee's mind set after Warriena fell to that of someone leaving the scene after causing a car accident. My post was off the back of that comment. It is an indictable offence to leave the scene of a car accident if you have caused the death of someone in that accident.

If you caused the accident and left but someone was seriously
hurt or died because of the accident, the police could charge
you with an indictable offence. This is very serious. You
could go to jail for up to ten years or get a big fine.

https://www.legalaid.vic.gov.au/sit...esource-dl-leaving-scene-vehicle-accident.pdf

So to reiterate, my post #1188 was not in reference to Tostee at all. It was in reply to a comment from John Dillinger about leaving the scene of a car accident.

In my opinion it's legally incorrect to say that fleeing the scene of an accident is an indictable offence. In my opinion it's only an indictable offence under certain circumstances, such as when someone dies or is injured. I don't think leaving the scene of an accident when no one is injured is an indictable offence.

But that's just my opinion.

 

[Cleaver Greene]

<modsnip>

A few pages ago, someone was mocked because they missed a letter in Australia (I don't remember who by) . just about every post by members who don't think GT should be hung, drawn and quartered is nit picked, asked for links or else it's hearsay/speculation, etc. Isn't this page about discussion of the trial, in all its detail?

 

[Sheerlock Homes]

So, let's say for example that Tostee simply "chucked" Warriena out onto his balcony, as he stated to his father. You would have to concede that she must have been in mortal fear of Tostee to climb over that balcony within a period of 12 seconds. I concede that she was in mortal fear of Tostee but I also believe that he placed her on the outer ledge of his balcony. She didn't climb over the rail at all.

I see what you are driving at, believe me. But, it has gaps even for me and I am troubled by all this, deeply.

Warriena was drunk....

Completely agree.

.....and disorientated.

I don't really know, but it is very hard to imagine she was not aware she was on the balcony of a 14th Floor Unit. Do you remember that she had been out there while they took those selfies, so it is pretty likely she knew she was pretty high up. Do you think so?

In that state her physical movements would have been sluggish and a lot slower than a sober person in the same position than Warrieana found herself in.

I think that is correct, but 12 -14 seconds (whatever it was) was ample time for her to climb over (probably using that tanning bed do you think?) and disappear from his view?

Warriena's mood had swung from fieriness to fear in a matter of 27 seconds as is evidenced by her 33 screams of "No." and "Let me go home." as she was lifted out onto the balcony. She had nowhere to go but down.

Yes, I agree with most of that. It's just the last bit. She was safe where she was. If that much larger male had intended her any harm, he had plenty of prior opportunity to hand it to Rie. I suspect Rie's state of insobriety and whatever else was going on in her head led her to make a decision we all wish she had not made. Mikara, she did have other options. So sad.

Is it physically possible to scale a balcony in 12 seconds? Yes it probably is but in Warriena's case she had a great deal of help from Tostee in doing so.

Oh! I did not know that at all. Can you tell me what he did, please? Now you have me very alarmed! How could he possibly have been acquitted in that case?

 

[emirates1957]

With all due respect Ksks, Sheerlock Holmes move on. Dumb down your argument on another Forum.

 

[Cleaver Greene]

With all due respect Ksks, Sheerlock Holmes move on. Dumb down your argument on another Forum.

I understand that my views are not popular with several posters here. However, this is a forum to discuss the trial. There are some posters and viewers who are interested in the legal perspective (although it's just my opinion). If dissenting views are forced to leave, then all debate is stifled. This danger with that is this forum will not be a discussion about a very tragic incident with legally very interesting issues, but will just be a site where people can hate on GT.

 

[Bohemian]

A few pages ago, someone was mocked because they missed a letter in Australia (I don't remember who by) . just about every post by members who don't think GT should be hung, drawn and quartered is nit picked, asked for links or else it's hearsay/speculation, etc. Isn't this page about discussion of the trial, in all its detail?

It's actually a 'post trial' thread. The trial has concluded and the great majority of posters understand how the jury came to their verdict of 'Not Guilty' wrt to Gable in the matter of Warriena's murder, accepting it as the status quo. Which is not to say that people do not have their own theories and opinions of what occurred that fateful night. We are entitled to discuss same without being continually condescended to and, in some cases, insulted. This has not been the case since the trial commenced IMO and, in one particular case, before that time. I'm no longer interested in the legal machinations that led to Gable being found 'Not Guilty' (but not innocent) of the charge of murder. What I am interested in is the forensic evidence (of which I have had some training), the administration of moral justice and, of course, the oral evidence all witnesses will be compelled to give by the Queensland Coroner at Warriena's upcoming inquest.

 

[sosadaus]

Not relevant to this case at all.



<modsnip> It is my opinion that Tostee lifted Warriena over the rail and onto the ledge of his balcony facing outward within a matter of 12 seconds. In trying to manoeuvre herself to get a grip on the rail, she fell. I've listened to the full tape and am fully aware of the time frame of the critical points. Apparently Fairydust has just worked it out from watching the 60 Minutes report. The 12 seconds mentioned is nothing new to those of us who have listened to the tape.

I think this makes sense but what about the contradictory witness testimony stating he saw her lowering herself over the balustrade.

Also why wouldn't he just throw her over the balcony if he was going to place her on the outside?

"Nick Casey, a hairdresser, was visiting a friend in the apartment two levels beneath that belonging to Tostee, when he heard cries for help from above.

When he went to the balcony and looked up, he saw a woman lowering herself over the balustrade.

&#8220;I heard her say, &#8216;I want to go home&#8217;. I heard her say, &#8216;help&#8217; and at that point I said to her, &#8216;go back inside&#8217; and it wasn&#8217;t long after that she fell.&#8221;"


Sent from my iPhone using Tapatalk

 

[Cleaver Greene]

It's actually a 'post trial' thread. The trial has concluded and the great majority of posters understand how the jury came to their verdict of 'Not Guilty' wrt to Gable in the matter of Warriena's murder and accept it as the status quo. Which is not to say that people do not have their own theories and opinions of what occurred that fateful night. We are entitled to discuss same without being continually condescended to and, in some cases, insulted. This has not been the case since the trial commenced IMO and, in one case, before that time AFAIK. I'm no longer interested in the legal machinations that led to Gable being found not 'innocent' but 'Not Guilty' of the charge of murder. I am interested in moral justice and, of course, the evidence people will be compelled to give by the Queensland Coroner at Warriena's upcoming inquest.

whike some posters understand the not guilty verdict, there are several who don't. There are still questions asking how the jury could have reached its verdict and why evidence was excluded. This page seems to be a mix of people who, like you, understand the reasons for the acquittal, but differentiate between legal and moral culpability, others who are still not understanding/accepting the verdict, and still others who are interested only in the legal issues.

 

[Sheerlock Homes]

Which is not to say that people do not have their own theories and opinions of what occurred that fateful night. We are entitled to discuss same without being continually condescended to and, in some cases, insulted.

Bohemian, I am so sorry if you took anything I have posted as condescending or insulting. I surely did not mean to be like that, and I'm not. I totally agree with you. We are all entitled to discuss theories and opinions about what happened and I'm really happy to be able to join it.

I am interested in moral justice....

Yes. You and I have already discussed that and you took it as far as it can really go. I agree with what you said about that as well.

.... and, of course, the evidence people will be compelled to give by the Queensland Coroner at Warriena's upcoming inquest.

That will be very revealing.